Civil Procedure

Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do

Daily Business Review |Commentary

Trial Lawyers Need to Align Their Goals With Their Clients' Goals

Oscar Sanchez | October 19, 2018

Due to systemic and historic factors, it is very hard for a litigator to be both a trial advocate and also a negotiator in a mediation setting. And, if serious reforms are not made soon, U.S. litigators are in danger of losing control of the settlement of their cases to a new breed of lawyer, the so-called “settlement counsel.”
New York Law Journal |Case Digests

In the Matter of Benjamin Haug, Respondent, v. State University of New York at Potsdam, et al., Appellants.

October 19, 2018

Matter of Haug v. SUNY
New York Law Journal |Case Digests

Frye v. Lagerstrom

October 19, 2018

Copyright's Infringer Denied Stay of Judgment's Execution, Pending Appeal, Without Bond
Daily Report Online |Case Digests

Republic Title Company, LLC v. Andrews

October 19, 2018

Venue in an action to quiet title is appropriate where defendants reside
New York Law Journal |Case Digests

Pangea Capital Management, LLC, Appellant, v. John R. Lakian, Respondent, Andrea Lakian, Intervenor-Respondent.

October 19, 2018

Pangea Capital v. Lakian
New Jersey Law Journal |Case Digests

Harmon v. Biltmore Realty Co.

October 19, 2018

The plaintiff appealed from an order that granted summary judgment to the defendants on her claims for relief under the New Jersey Consumer Fraud Act, the Tenant Reprisal Act, and the New Jersey Law Against Discrimination.
The Recorder |Case Digests

A.G. v. County of Los Angeles

October 19, 2018

Presumption of parenthood relevant to determination of minor child's standing to sue for wrongful death of parent
New Jersey Law Journal |Case Digests

Pandya v. Sky Zone Lakewood

October 19, 2018

The defendant appealed from an order that denied its motion for reconsideration of a prior order, which denied the defendant's motion to compel arbitration.
New Jersey Law Journal |Case Digests

Reardon v. State of New Jersey

October 19, 2018

The pro se plaintiff alleged that certain government officials violated his constitutional rights in connection with a 1990 arrest and subsequent conviction in state court.
New Jersey Law Journal |Case Digests

Chu v. Physiques Unlimited, Inc.

October 19, 2018

Defendant appealed the denial of its motions to vacate the judgments in favor of plaintiffs.
Daily Report Online |News

Judge: Amazon Not Liable for Injuries From Hoverboard Fire

Greg Land | October 18, 2018

Judge Thomas Thrash wrote that the injured man's complaint did not show that Amazon had sufficient notice that the hazardous hoverboard could burst into flame before selling it.
New York Law Journal |News

Manhattan Appeals Court Questions Reach of State Courts in Defamation Suit Against Trump

Andrew Denney | October 18, 2018

Members of the panel at oral argument questioned the breadth of a state court's authority if it did have jurisdiction over a sitting president, going so far as to consider if it could hold the president in contempt.
The Legal Intelligencer |News

$44M Judgment Entered in Row Over Authorship of Usher Song

Max Mitchell | October 18, 2018

A man claiming to have been cheated out of credit for writing a song that was eventually recorded by R&B star Usher has won a more than $40 million judgment in a combined verdict and settlement against two men he co-wrote the song with.
New York Law Journal |Analysis

Recent Decisions Include Human Rights Law Issue of First Impression

E. Leo Milonas and Andrew C. Smith | October 18, 2018

In their Appellate Division Review, E. Leo Milonas and Andrew C. Smith write: The Justices of the Appellate Division are back for the Fall 2018 session. Although the color of the leaves change in the fall, nothing has changed for the four Appellate Division departments as they continue to churn out words of wisdom and legal scholarship.
The Legal Intelligencer |News

Bill Cosby's Accuser Clears Hurdle in Suit Against Ex-DA

Lizzy McLellan | October 18, 2018

Andrea Constand's defamation case can proceed against former prosecutor Bruce Castor Jr., a federal judge ruled.
The Legal Intelligencer |Commentary

Why Lawyers Should Care About Emojis

Edward T. Kang and Kandis L. Kovalsky | October 18, 2018

Today, there are close to 3,000 emojis in the Unicode Standard. As such, people can communicate a lot more through emojis, if they choose. And, the data shows this is what people are choosing.
New Jersey Law Journal |Analysis

Wrongful Death Actions: Familial Aspects that Can Increase Case Value

Andrew J. Rossetti and Dean E. Avgerinos | October 18, 2018

The goal of a trial attorney is to effectively highlight the family's pecuniary losses to the jury, in an effort to substantiate and increase the value of the claim.
Daily Report Online |Case Digests

Fulton County School District d/b/a Fulton County Schools or Fulton County School System v. Jenkins.

October 18, 2018

Statute requiring insurance coverage does not operate as a waiver of sovereign immunity.
New York Law Journal |Case Digests

Campbell v. Amel Park Holdings LLC

October 18, 2018

Service on Secretary of State Proper; No Proof of Service Filed, Default Judgment Denied
New York Law Journal |Case Digests

Ronnie Van Zant Inc. v. Cleopatra Records Inc.

October 18, 2018

Consent Decree's Inconsistent Provisions Do Not Support Ban on Movie About Rock Band
The Recorder |Case Digests

Pagnini v. Union Bank, N.A.

October 18, 2018

Counsel's mistaken failure to respond to demurrer entitled plaintiff to relief
New Jersey Law Journal |Case Digests

Gatto v. Port Auth. of New York & New Jersey

October 18, 2018

The plaintiff Dawn Gatto appealed from an order that granted summary judgment to the defendant CFM Service Corporation.
New York Law Journal |News

No Tenants Rights for Residents of NYC 'Cluster' Housing for Homeless, Judge Finds

Andrew Denney | October 17, 2018

The ruling is both a win for property owners across the city who own the nearly 1,800 units used to shelter the homeless, and a blow for legal service providers who are fighting to establish tenant rights for thousands of cluster-site residents.
New York Law Journal |Case Digests

Tarazi v. Valley Nat'l Bank

October 17, 2018

Statute's 'Safe Harbor' Provision Applies to Bailment Created by Safe Deposit Boxes' Lease
New Jersey Law Journal |Case Digests

Garden v. Vitas Healthcare Corp.

October 17, 2018

Before the court was the defendant's motion for summary judgment and the plaintiff's motion for partial summary judgment on the issue of the New Jersey Law Against Discrimination liability.
New Jersey Law Journal |Case Digests

Castillo v. Express Scripts, Inc.

October 17, 2018

Plaintiffs moved to remand and defendant cross-moved for costs and fees in plaintiffs' action asserting violation of the NJLAD, wrongful discharge and retaliation.
New York Law Journal |News

Manhattan Appeals Court to Mull Whether Trump Must Face Ex-'Apprentice' Contestant's Defamation Suit While in Office

Andrew Denney | October 16, 2018

Whether a former contestant on "The Apprentice" will have to wait until President Donald Trump is out of office to hale him in to court in her defamation lawsuit is expected to be the central issue before a Manhattan appeals court on Thursday afternoon when it is set to hear arguments in the case.
The Legal Intelligencer |Commentary

Third Circuit Becomes First Appellate Court to Greenlight 'Snap Removals'

Colin E. Wrabley and Joshua T. Newborn | October 16, 2018

By filing a notice of removal in federal court after the state-court suit is filed but before the state-court suit has been effectively served, a tactic enabled by modern technology and the ability to electronically monitor more and more state-court dockets on a real-time basis.
New York Law Journal |Analysis

Realty Law Digest

Scott E. Mollen | October 16, 2018

Scott Mollen discusses 'Cruz v. Seward Park Housing Corp.,' where the court addressed reasonable attorney fees, stating that in this case, $464,164 in legal fees could be viewed as “shocking and disturbing—highway robbery without a six gun.”
The Legal Intelligencer |Case Digests

Bajrami v. Reliance Standard Life Ins. Co.

October 16, 2018

Addressing a unique issue, the district court held that the Employment Retirement Income Security Act did not apply to plaintiff's claims arising out of the denial of disability benefits as the events underlying the denial of benefits stemmed from plaintiff's employment and health benefits abroad. The court granted plaintiff's motion to remand.
New Jersey Law Journal |Case Digests

U.S. Bank Nat'l Ass'n v. Cho

October 16, 2018

The defendant appealed a final judgment of foreclosure as well as earlier interlocutory orders.
The Legal Intelligencer |News

Med Mal Disputes Highlight Pa. Supreme Court Argument Session

Max Mitchell | October 15, 2018

The Pennsylvania Supreme Court's argument session set to open Oct. 23 in Pittsburgh is filled with novel issues, but attorneys who handle medical malpractice disputes may want to pay special attention.
The Legal Intelligencer |Commentary

Several Amendments to Federal Rules of Appellate Procedure Will Take Effect Soon

Howard J. Bashman | October 15, 2018

These amendments will affect the due dates for appellate reply briefs, the acceptance or rejection of amicus briefs that would result in the recusal of appellate judges and the procedures governing a federal appellate court's stay of its mandate in cases where U.S. Supreme Court review will be sought.
New York Law Journal |Analysis

Privacy Trumps Right of Access to Judicial Documents in 'Giuffre v. Maxwell'

Edward M. Spiro and Judith L. Mogul | October 15, 2018

In their Southern District Civil Practice Roundup, Edward M. Spiro and Judith L. Mogul discuss a recent decision from Judge Robert W. Sweet which addresses the press's application to unseal potentially salacious documents covered by a protective order in an action concerning allegations of sexual abuse.
New York Law Journal |Case Digests

Diamond v. Calaway

October 15, 2018

Court Holds Long-Arm Jurisdiction Over Defendant's Wife, but Not Mother, Over Fraud Scheme
Texas Lawyer |Case Digests

Rust v. Rust

October 15, 2018

Aslynn filed for legal separation from Christopher in North Carolina, where they had continuously lived for six years.
New York Law Journal |Case Digests

Lind v. Tishman Constr. Corp. of N.Y.

October 15, 2018

Failure to Establish Insurance Policy Contains Trade Secrets Denies Protective Order
Texas Lawyer |Case Digests

Ranger Ready v. Cintas

October 15, 2018

Ranger used Cintas' services and they developed a dispute concerning payment.
New York Law Journal |Case Digests

DKRW Wind Holdings v. LS Power Dev.

October 15, 2018

Stay Granted Pending Resolution of Prior Suit; Stay Not Conditioned on Discovery Responses
Texas Lawyer |Case Digests

Camp v. Camp

October 15, 2018

Potts and Littlejohn hired Camp as their attorney with an engagement letter that included a valid arbitration agreement.
Texas Lawyer |Case Digests

USA v. Luminant Generation

October 15, 2018

The U.S. sued Appellees for violating the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities, seeking both civil penalties and injunctive relief.
New Jersey Law Journal |Case Digests

Roth v. Roth

October 15, 2018

The plaintiff appealed from an order that denied her motion for reconsideration of the trial judge's equitable distribution determinations in the final judgment of divorce that concerned an eyeglass store that the parties operated during their marriage.
Connecticut Law Tribune |Case Digests

Flynn v. Bank of Am.

October 15, 2018

Plaintiff's Claims Barred by Res Judicata
New Jersey Law Journal |Case Digests

New Jersey Work Env't Council v. State Emergency Response Comm'n

October 15, 2018

Composed of labor and environment-focused community groups, the plaintiffs New Jersey Work Environment Council and Local 877, International Brotherhood of Teamsters brought the private enforcement action under the citizen-suit provision of the Emergency Planning and Community Right-To-Know Act of 1986.
Connecticut Law Tribune |Case Digests

Boehringer v. Smith & Nephew

October 15, 2018

Federal Court Grands Remand To State Court For Products Liability Case
New Jersey Law Journal |Case Digests

Triffin v. Pub. Serv. Elec. and Gas Co.

October 15, 2018

Plaintiff appealed from the denial of his request for costs and post-judgment interest.
New Jersey Law Journal |News

Judge Rejects Bard's Motions to Toss $68M Pelvic Mesh Verdict

Charles Toutant | October 12, 2018

Bard moved for a judgment notwithstanding the $68 million verdict, a new trial and for remittitur on damages, but a Superior Court judge denied the company's motions.
New York Law Journal |Case Digests

Wei Su v. Sotheby's Inc.

October 12, 2018

Third Party Deemed Properly Served if Sotheby's Follows Steps Outlined in Court's Ruling
New Jersey Law Journal |Case Digests

K.D.E. v. J.E.

October 12, 2018

In the post-judgment matrimonial matter the defendant appealed from an order that granted the plaintiff's motion to be reimbursed from the defendant's share of the proceeds of the sale of the former marital home for the principal reduction of the mortgage; that required the defendant to pay 15% of the parties' out-of-pocket costs incurred for the college expenses of their youngest child; and that directed the defendant to reimburse the plaintiff for half of the money the parties paid to a mediator and a guardian ad litem retained by t
New York Law Journal |Analysis

The Outdated Forum Non Conveniens Doctrine

Steven R. Pounian and Justin T. Green | October 11, 2018

In this Aviation Law column Steven R. Pounian and Justin T. Green address the forum non conveniens doctrine and argue that courts should provide more deference to a foreign plaintiff who selects a forum for legitimate reasons, including that the selected forum court may be the only one with personal jurisdiction over the defendant. Courts should consider developments in the law and technology that makes transnational litigation much easier today than it was in 1947 when the Supreme Court established the factors that courts consider when addressing a forum non conveniens motion.
The Legal Intelligencer |News

High Court to Mull Suspended Sentences for Civil Contempt

Zack Needles | October 11, 2018

The Pennsylvania Supreme Court is set to review a Superior Court ruling that it is illegal for judges to impose suspended sentences for civil contempt.
The Legal Intelligencer |News

Jury Awards $10.6M to Mother Who Lost Arm in Minivan Crash

Max Mitchell | October 11, 2018

The jury awarded the money as compensatory damages last week after eight months of trial before Philadelphia Court of Common Pleas Judge Lisa Rau.
The Legal Intelligencer |Commentary

Consumer Class Actions Dealt Significant Blow by NJ Supreme Court

Hillary Weinstein | October 11, 2018

For many plaintiffs lawyers practicing in New Jersey, the N.J. Truth-in-Consumer-Contract, Warranty and Notice Act (TCCWNA) ,colloquially pronounced “TIC-wa-na”) had, until recently, provided a way for consumers in class actions to add a count to an already-existing action under the Consumer Fraud Act (CFA).
The Legal Intelligencer |Commentary

The Pendulum Shifts With Recent Pa. Supreme Court Decisions

Daniel E. Cummins | October 11, 2018

Recent Pennsylvania Supreme Court decisions provide evidence that the pendulum is shifting toward a more liberal, plaintiff-oriented bent that was anticipated with the still-recent election of additional justices to the court to join those other justices on the court of the same bent.
New Jersey Law Journal |Analysis

Med Mal Defendants Must Tell the Truth, the Whole Truth and Nothing but the Truth

Jon Lomurro and Abbott Brown | October 11, 2018

'Brugaletta' is a landmark decision that will fundamentally change the pre-trial process in many complex malpractice cases.
The Legal Intelligencer |Commentary

Proposed Amendment to Pa. Constitution Undermines Rights of 'Accused'

Cliff Rieders | October 11, 2018

Voters of the commonwealth of Pennsylvania may have the opportunity to vote on a proposed amendment to the Constitution of Pennsylvania in November 2019.
New York Law Journal |Case Digests

Matter of Jones v. 260-261 Madison Ave. LLC

October 11, 2018

Crane Injury Suit Denied Dismissal; Facts May Exist Justifying Jurisdiction Under CPLR 302
New York Law Journal |Case Digests

Cataldo v. Cataldo

October 11, 2018

Eviction Proceeding Stayed Pending Outcome of Underlying Suit, Constructive Trust Claims
New Jersey Law Journal |Case Digests

Ramroop v. Ramroop

October 11, 2018

The plaintiffs were passengers in a car owned and operated by the defendant and insured by the defendant, Liberty Mutual Insurance Company, which was involved in an automobile accident.
New York Law Journal |News

Fraud Suit Over Mortgage-Backed Securities Dismissed by NY Appeals Court

Jason Grant | October 10, 2018

Under New York law “where an assignment of fraud or other tort claims is intended … with the conveyance of a contract or note, there must be some language … that evinces that intent and effectuates the transfer of such rights,” the First Department panel said.
New York Law Journal |Case Digests

Smith v. Highland Hospital of Rochester

October 10, 2018

Transgender Man's Discrimination Suit Against Hospital Untimely Under ACA, NYSHRL
Daily Report Online |Case Digests

Williams v. Durden

October 10, 2018

Statute of limitations tolled until traffic citation hearing date
New Jersey Law Journal |Case Digests

Russo v. Friedrich

October 10, 2018

Plaintiff appealed from the dismissal of her wrongful death claim and judgment in favor of defendant.
Delaware Law Weekly |Case Digests

Massey v. Nationwide Assurance Co.

October 10, 2018

A party moving to set aside a judgment failed to demonstrate improper service, and any neglect on his part was not excusable.
Litigation Daily |News

Law Profs Argue Trump as President Is Not Exempt from Civil Litigation

Dan M. Clark | October 09, 2018

A group of law professors who argued two decades ago that former President Bill Clinton should not be immune to a civil lawsuit in federal court are now asking to make the same argument against President Donald Trump in New York Attorney General Barbara Underwood's lawsuit against the Trump Foundation.
New York Law Journal |News

Even as President, Trump May Face Civil Suit in NY Courts, Law Professors Aim to Argue

Dan M. Clark | October 09, 2018

A group of law professors who argued two decades ago that former President Bill Clinton should not be immune to a civil lawsuit in federal court are now asking to make the same argument against President Donald Trump in New York Attorney General Barbara Underwood's lawsuit against the Trump Foundation.
Law.Com |Analysis

Opioid Makers Demand an 'Untenable Level of Specificity' in Dismissal Motions, Says Judge's Report

Amanda Bronstad | October 09, 2018

U.S. Magistrate Judge David Ruiz on Oct. 5 allowed most of the claims in a key case in a massive MDL against opioid companies to go forward, concluding that the complaint was far from a “fishing expedition.”
New Jersey Law Journal |Case Digests

Dax, Inc. v. S. R.R. of New Jersey

October 09, 2018

The matter came before the court on the defendant's motion to dismiss the count of the complaint that asserted fraud.
New Jersey Law Journal |Case Digests

Patire v. Deshpande

October 09, 2018

Defendants moved to dismiss plaintiff's action alleging RICO violations.
Delaware Law Weekly |News

Delaware ACLU Challenge to Inadequate School Funding Gets Green Light

Tom McParland | October 08, 2018

A Delaware Court of Chancery judge has refused to dismiss a lawsuit accusing state and county officials of failing to provide adequate school funding for disadvantaged students, thanks in part to outdated property tax assessments.
The Legal Intelligencer |News

Superior Court Jurisdictional Rulings Clear Way for Phila.'s First Trial Linking Talc to Ovarian Cancer

Zack Needles | October 08, 2018

Thanks to two recent Pennsylvania Superior Court rulings upholding the "consent by registration" theory of jurisdiction, the first ovarian-cancer-related talc case in the Philadelphia Court of Common Pleas has been allowed to proceed.
The Recorder |

Sold That Volkswagen Pre-Emissions Scandal? You've Still Got a Possible Claim, Judge Rules

Amanda Bronstad | October 05, 2018

U.S. District Judge Charles Breyer refused to dismiss a class action on behalf of consumers who sold their Volkswagen vehicles before Sept. 18, 2015.
Daily Report Online |News

Judge Strikes Defenses for Landlord Where Gang Member Murdered Teenage Girl

Greg Land | October 05, 2018

DeKalb State Court Judge Johnny Panos concludes key company officials repeatedly lied about their knowledge of gang activity at the Highlands at East Atlanta apartments, where a gang member gunned down a 17-year-old girl.
The Legal Intelligencer |Commentary

If the Kavanaugh Hearing Had Been Handled Like a Trial

Jules Epstein | October 05, 2018

The hearing showed a missed opportunity by Democrats to use the tools of trial advocacy to make points and influence those truly in need of convincing—the few senators whose votes were in play (and, to some extent, the many Americans still on the fence).
The Legal Intelligencer |News

Gender Bias Claim Reinstated Against Western Pa. President Judge

Max Mitchell | October 05, 2018

A federal judge has reinstated a claim of sex discrimination against the Butler County president judge brought by a female probation officer with whom he previously had a sexual relationship.
New York Law Journal |Analysis

So You Think You've Commenced an Election Law Proceeding? Think Again.

Paul I. Marx and Bridget Gauntlett | October 05, 2018

The clash of CPLR §304 and Election Law §16-102.
The Legal Intelligencer |Analysis

It Just Got a Lot Easier to Sue Out-of-State Companies in Pa.

Zack Needles | October 04, 2018

In the span of three months, the Pennsylvania Superior Court issued two very similar precedential rulings that both plaintiffs and defense attorneys agree are likely to put to rest an issue that has been debated across the state over the past four years: whether registering to do business as a foreign corporation in Pennsylvania still means consenting to be sued in Pennsylvania.
Law.Com |News

MGM Loses Bid to Coordinate Las Vegas Shooting Lawsuits

Amanda Bronstad | October 04, 2018

The cases include nine lawsuits MGM filed against 2,000 victims of the shooting.
New York Law Journal |Analysis

The Perils of a Motion Seeking a Judge's Recusal

Jay Goldberg | October 04, 2018

A motion to recuse is a risky matter.
The Legal Intelligencer |Commentary

When Does Music Cross the Line From Art to Criminal Conduct?

Cliff Rieders | October 04, 2018

In one of the most interesting cases the Pennsylvania Supreme Court has decided this term, Justice Thomas Saylor writing for the majority in Commonwealth v Knox, held that lyrics of a rap song may lead to criminal charges.
Law.Com |News

Products Liability Cases Driving Growth in MDLs, Says Report

Amanda Bronstad | October 04, 2018

Lawyers for Civil Justice released the report while pushing to establish the first civil rules in multidistrict litigation.
The Legal Intelligencer |Commentary

Court: New Value Need Not Remain Unpaid to Limit Preference Liability

Rudolph J. Di Massa, Jr. and Drew S. McGehrin | October 04, 2018

In Kaye v. Blue Bell Creameries (In re BFW Liquidation), 899 F.3d 1178 (11th Cir. 2018), the U.S. Court of Appeals for the Eleventh Circuit found that a liability for an allegedly preferential transfer may be reduced by the amount of new value given, regardless of whether that new value has already been repaid by the debtor before its bankruptcy filing.
New Jersey Law Journal |News

Plaintiffs Drop SDNY Suit Opposing Rider University's Sale of Choir College

Charles Toutant | October 03, 2018

The plaintiffs sought to have the sale declared illegal, claiming it violated the terms of the merger agreement between Rider and Westminster.
Daily Business Review |Commentary

Foreign Sellers Beware: Cloud-Based Sales May Justify Personal Jurisdiction

Ruben Conitzer and Brian Wilson | October 03, 2018

In a recent decision, Plixer International v. Scrutinizer GMBH, Case No. 18-1195 (1st Cir. 2018), the First Circuit Court of Appeals ruled that exercising personal jurisdiction over a foreign company with no American physical presence, but that maintains an interactive website accessible in the United States, complies with the requirements of the Due Process Clause.
New York Law Journal |News

NYPD Cop Beaten by Fellow Officers During 911 Call Gains $8M Judgment

Andrew Denney | October 02, 2018

The total judgment for plaintiff Larry Jackson includes more than $2.6 million in prejudgment interest, which adds to $5.4 million in compensatory and punitive damages.
New York Law Journal |Analysis

'AlbaniaBEG Ambient v. Enel': The Backstory

Katherine Cooper | October 02, 2018

The First Department's February 2018 decision in AlbaniaBEG Ambient SH.P.K v. Enel S.P.A., 160 A.D.3d 93 (1st Dept. 2018), surprised many practitioners…
Daily Report Online |News

Judge Nixes $9.5M MARTA Verdict Over Flawed Jury Charge

Greg Land | October 02, 2018

Judge Gail Tusan said the court's response to jurors' questions undercut the "crux" of MARTA's defense, and ordered a new trial.
New York Law Journal |News

Don Imus Fends Off Warner Wolf's Age Discrimination Suit

Andrew Denney | October 01, 2018

Radio personality Don Imus has fended off an age discrimination suit brought by legendary sportscaster Warner Wolf, who claimed in a suit filed under New York state and New York City's human rights laws that he was replaced with a younger sportscaster.
New Jersey Law Journal |News

2 Years Too Long to Wait to Seek Arbitration, US Judge Rules in Certifying Class Against Collector

Michael Booth | October 01, 2018

A court may refuse to enforce an arbitration agreement when the party seeking arbitration waives its right to arbitration," U.S. District Judge Esther Salas said. "GC's 24-month delay is even longer than the delays in cases where the Third Circuit found waiver.
New York Law Journal |Analysis

'Deficient TAR Process' Leads to Discovery Extension

H. Christopher Boehning & Daniel J. Toal | October 01, 2018

In their Federal E-Discovery column, H. Christopher Boehning and Daniel J. Toal write: TAR often can make the discovery process faster, less expensive and possibly more accurate, but at times it can fall short at one or all of these objectives. This is especially true in situations where the process part of TAR may be reasonably called into question, as occurred in a recent decision where a party's motion to extend discovery deadlines was granted by a receptive court.
The Legal Intelligencer |News

Chester County Trial Results in $1.275M Award for Parking Lot Slip and Fall

Max Mitchell | October 01, 2018

A Chester County, Pennsylvania, trial has resulted in an award of about $1.275 million for a man who suffered a broken ankle on Thanksgiving night 2014 in an icy parking lot outside his apartment.
New Jersey Law Journal |Commentary

Reexamine the Offer of Judgment Rule

Law Journal Editorial Board | October 01, 2018

After the Supreme Court's Aug. 15 opinion in Wilner v. Vertical Realty, Inc., we believe the rule requires revision with respect to multi-defendant cases.
New York Law Journal |News

Personal Injury Plaintiff Can't Hide Post-Accident Instagram Posts, Judge Finds

Andrew Denney | September 28, 2018

The defendants are seeking an admission from plaintiff Christina Smith that photos and a video posted on Instagram after her March 21, 2015, motor vehicle accident are indeed of Smith.
New York Law Journal |Analysis

The Disqualification of Attorneys

Thomas F. Liotti and Lucia Maria Ciaravino | September 28, 2018

Motions for disqualification should not be cavalierly made.
The Recorder |News

9th Circuit En Banc Panel Reviews Class Action Settlement Approval in 'Hyundai'

Amanda Bronstad | September 27, 2018

The panelists spent most of the hearing asking about the circumstances behind the settlement's approval.
Delaware Business Court Insider |News

IBM Seeks Doubling of $82.5M Patent Infringement Verdict Against Groupon

Tom McParland | September 27, 2018

IBM has asked a federal judge in Delaware to double an $82.5 million jury verdict in July against Groupon for willfully infringing four patents dating back to the early days of the internet.
The Legal Intelligencer |News

En Banc Rehearing Doesn't Change Outcome of First-Impression Attorney-Client Privilege Case

Zack Needles | September 27, 2018

A litigant who asserts attorney-client privilege before trial may not unfairly surprise their adversary by waiving that privilege on the stand, a deeply split Pennsylvania Superior Court en banc has ruled, reaching the same conclusion arrived at by a divided three-judge panel in 2016.
The Legal Intelligencer |News

No Common-Law Civil Forfeiture in Pa., High Court Rules

Zack Needles | September 27, 2018

The Pennsylvania Supreme Court has ruled that common-law civil forfeiture does not exist in Pennsylvania, but stopped short of saying the same for common-law criminal forfeiture, instead leaving that issue for another day.
New Jersey Law Journal |Analysis

The "New" Forum Selection Clause: NJ Corporations Take Notice

Stuart L. Pachman | September 27, 2018

In January 2018, six amendments were made to the New Jersey Business Corporation Act. One authorizes New Jersey corporations to adopt what is often referred to as a forum selection by-law.
New York Law Journal |News

Group's Lawsuit Challenging 'Unfair' NYC Property Tax System Survives Motion to Dismiss

Andrew Denney | September 26, 2018

New York state and New York City can't shake a legal challenge from a group of property owners and renters who say the city's property tax system gives wealthy residents a break on their taxes while placing an unfair burden on those of modest means.
The Legal Intelligencer |News

Pa. Supreme Court Weighs Naming Names in Grand Jury Child Abuse Report

Max Mitchell | September 26, 2018

The Pennsylvania Supreme Court on Wednesday continued to wrestle with the implications of the explosive grand jury report into child sex abuse in the Catholic Church as it heard arguments over whether the state attorney general should be cleared to release the names of church officials named in the document.
The Recorder |Analysis

This Judge in Deadlocked Talc Trial Tried Everything to Get a Verdict, Transcripts Show

Amanda Bronstad | September 26, 2018

At times against the objections of the lawyers, particularly for the defense, Los Angeles Superior Court Judge Margaret Oldendorf interviewed jurors, reiterated jury instructions, ordered more oral arguments and replaced a juror with an alternate.
The Legal Intelligencer |News

Registering to Do Business in Pa. Means You Can Be Sued in Pa., Court Rules

P.J. D'Annunzio | September 26, 2018

A company registering to do business in Pennsylvania, even as a foreign corporation, can be sued in the state's courts, the Pennsylvania Superior Court has ruled in a case of first impression.
The Recorder |Expert Opinion

On Appeals: 20 Years On, California Supreme Court's Federal Certification Rule a Success

Ben Feuer | September 26, 2018

In 1998, a fashionably late California joined 44 states in adopting a procedure to allow out-of-state courts to request the state supreme court decide unsettled questions of state law relevant to their ongoing proceedings. Primarily aimed at federal courts, which frequently hear state law claims under their diversity jurisdiction, the rule was controversial and faced stiff resistance at the outset. But now, two decades on, it's turned out a great success.
Delaware Law Weekly |Analysis

Good News for Delaware Defendants: 3rd Circ. OKs 'Snap Removals'

Justin Santolli | September 25, 2018

Based on the Third Circuit's decision in Encompass Insurance, it is entirely proper for defendants to electronically monitor state-court dockets to identify new lawsuits, and to preemptively remove diverse cases to federal court before the plaintiffs can serve in-state defendants whose presence would otherwise preclude removal under §1441(b)(2) in state court cases filed in Delaware, New Jersey, Pennsylvania and the Virgin Islands.

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Law firms of all sizes are undergoing a transformation as AI challenges traditional workflows. Learn how small law is evolving and your opportunities to leverage AI to reduce firm costs.

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Consulting Fastest Growing Firms 2018

October 25, 2018
Seattle, WA

A celebration of the industry's top movers and shakers in terms of revenue growth over a three year period
RealShare Apartments 2018

October 29, 2018 - October 30, 2018
Los Angeles, CA

Join the industry's top owners, investors, developers, brokers and financiers as they gather for the multifamily event of the year
CAIP West Forum 2018

October 31, 2018 - November 02, 2018
Edmonton, AB

Designed for institutional investors looking to exploit alternative investments in a volatile investment climate

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webseminar

How Legal Financing Benefits the Bottom Line

Sponsored by: Burford Capital | March 05, 2018

[ON-DEMAND] Learn about financing structures and pricing and how it helps firms remain competitive.

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Litigation Finance: A Tool to Improve Client Service & Profitability

Sponsored by Burford Capital | December 07, 2017

[ON-DEMAND] Join this webcast to learn what’s driving the five-fold growth of litigation finance and how it can improve your firm’s profitability.

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Demystifying Automation, Analytics, and Predictive Coding in E-Discovery

Sponsored by RVM Enterprises Inc. | November 16, 2017

[ON-DEMAND] Join this webcast to receive an overview of the latest trends and uses for analytics in eDiscovery.

IN-HOUSE CORPORATE/SEC/GOVERNANCE

Boston, Massachusetts

Leading NASDAQ technology company seeks 6+ year attorney with major law firm and in-house experience to assume principal role for all securi...
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Insurance Coverage Attorney

Dallas, Texas, United States

Established Dallas insurance defense firm is seeking a part-time (20-30 hours per week) attorney with 1-5 years of experience in insurance c...
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Records Clerk

Southeast Houston, Texas, United States

Small and growing personal injury law firm in Southeast Houston is seeking a highly motivated individual to fill a full-time records clerk p...
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GIBBONS PC

10/15/2018
NJLJ Web

GIBBONS PC ANNOUNCES
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WOLF LAW FIRM LLC, THE

10/15/2018
NJLJ Web

LAW FIRM MERGER
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LENTZ & GENGARO LLP

10/15/2018
NJLJ Web

Ned M. Rosenberg has joined the firm of Lentz & Gengaro LLP
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